Arrests over Facebook comments fan debate in India

The arrest of two women in India this week because of
posting and "liking" an opinion on Facebook has further inflamed debate over
the right to freedom of expression in the world's largest democracy.

Following the weekend death of ultra-nationalist politician
Bal Thackeray, bustling Mumbai came to a standstill as many government offices,
businesses, and schools were closed in a shutdown known as a bandh. As the citizens across the
country debated whether the shutdown was justified, 21-year-old Shaheen Dhada posted
on Facebook, "People like Thackeray are born and die daily and one should not
observe a bandh for that." Her friend, Renu Srinivasan, "liked" the comment. When a leader of the Thackeray's right-wing
Shiv Sena party, Bhushan Sankhe, complained, both women were arrested,
according to local
media.

According to news reports, the
women were charged under a range of offenses, including section 505(2) of the
Indian Penal Code, which criminalizes acts creating or promoting enmity, hatred,
or ill-will between classes, section 295(A) for hurting religious sentiments, and
section 66(A) of the amended
Information Technology Act, 2008, which bans electronic messaging that is
"grossly offensive or has a menacing character." Both women were eventually released
on bail and have apologized, according to news reports.

"We are apologizing just to keep everything in place. We
don't want any violence. We want ourselves and our families to be safe," Dhada
told the CNN-IBN television channel.

India has the third most Facebook users in the world with
over 60 million, according to Socialbakers,
a London-based social media analytics firm. By 2015, the country will have more
Facebook users than any other, according to Bloomberg
Businessweek. In this context, freedom of expression advocates have raised
concern over laws such as the IT Act and spurred debate over who is
responsible for policing Internet content.

The women's arrests are the latest example of intolerance in
India for criticism of the government or political figures. In September,
cartoonist Aseem
Trivedi was arrested on charges of sedition and jailed for allegedly
mocking Indian national symbols in his efforts to highlight rampant corruption.
Trivedi was released on bail and the sedition charge was dropped,
but he still faces other charges. In October, businessman Ravi Srinivasan was arrested
for a tweet in which he criticized the son of India's Finance Minister P
Chidambaram. He was released on bail but faces up to three years in prison if
convicted, The Hindu reported.

In a letter to the Chief Minister of Maharashtra state, the
chairman of the Press Council of India and former judge of the Indian Supreme
Court Markandey Katju sharply criticized
the women's arrests. "We are living in a democracy, not a fascist dictatorship,"
he wrote. #Freethegirls trended on Twitter as users expressed
outrage over the arrests.

Thackeray, whose party and allies have been in power in
Mumbai for 16 years, was a polarizing figure. His tough talk and nationalist
ideology drew admirers, but he also drew sharp criticism for his professed
admiration for Adolf Hitler, his berating of Indian women for wearing jeans, and
his admonishment of youth celebrating Valentine's Day--as well as his incitement
to violence against Muslims and migrant workers. An inquiry led by two retired
judges into riots in 1992--in which more than 1000 people, most of them Muslims,
were killed--determined that Thackeray and his followers had provoked the
unrest, but he was never prosecuted, according to The
New York Times.

In response to the Facebook posts, Shiv Sena party members
and supporters attacked the orthopedic clinic of Dhada's uncle, according to
local media
reports. Ten arrests were made today relating to that attack, according to local
media. The party supported the arrests, with leader Sanjay Raut saying, "Such
people should not live in Maharashtra."

Sumit Galhotra is the research associate for CPJ's Asia program. He served as CPJ's inaugural Steiger Fellow and has worked for CNN International, Amnesty International USA, and Human Rights Watch. He has reported from London, India, and Israel and the Occupied Territories, and specializes in human rights and South Asia.

Comments

India's Section 66A of IT Act has to be changed according to the recent trends, it doesn't make sense anymore. Why somebody has to be arrested for expressing their views? Where is the freedom of speech? Remember, India is the largest democracy, and this act has to changed immediately. It's great that few leaders are coming up for the debate.

Not to minimize the justifiable outrage against how the legal system can be worked in India, but it would have been worth noting that a substantial and important set of people -- especially retired Supreme Court Justice Katju -- publicly and privately denounced the arrests (Katju demanding the arrest of the policemen involved). Although the police filed face-saving alternate specious charges, the main ones were very quickly withdrawn as a result of the protest.